https://www.taxtmi.com/caselaws?id=312100 A director's criminal liability for cheque dishonour is not automatic. In prosecutions under Sections 138 and 141 of the Negotiable Instruments Act, the complaint must contain clear and specific averments that the accused was in charge of and responsible for the company's business at the relevant time, together with particulars showing how that responsibility arose. Mere repetition of the statutory language is insufficient, especially for non-executive or nominee directors. As the complaint failed to satisfy these requirements, the criminal proceedings were quashed under Section 482 of the Code of Criminal Procedure, 1973. en-us Mon, 17 Dec 2018 00:00:00 +0530 Wed, 31 Jan 2024 20:26:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312100 A director's criminal liability for cheque dishonour is not automatic. In prosecutions under Sections 138 and 141 of the Negotiable Instruments Act, the complaint must contain clear and specific averments that the accused was in charge of and responsible for the company's business at the relevant time, together with particulars showing how that responsibility arose. Mere repetition of the statutory language is insufficient, especially for non-executive or nominee directors. As the complaint failed to satisfy these requirements, the criminal proceedings were quashed under Section 482 of the Code of Criminal Procedure, 1973. Case-Laws Indian Laws Mon, 17 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312100